Acknowledgements endorsements Background methodology executive Summary 11 Recommendations 22 Article — general obligations 38



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RECOMMENDATIONS Article 9


    • That the National Disability Strategy incorporates measures, such as licensing requirements or mandatory codes to address the lack of enforcement of the Disability Standards.

    • That the National Disability Strategy incorporates measures to address the full range of accessibility obligations under CRPD Article 9.

Article 10 — right to life

STATUS IN AUSTRALIA

No Legislated Right to Life


  1. Australian domestic law does not recognise or guarantee a right to life. Australia has ratified the International Convention on Civil and Political Rights (ICCPR) which guarantees the right to life, and the Convention on the Rights of the Child (CRC) which contains obligations on the right to life and the related right to survival. However, international treaties do not automatically become part of domestic law and as yet there has been no specific legislation enacted to incorporate the right to life into Australian law.

  2. Securing conditions under which people can realise their rights to life and survival will, to a large extent, depend on their ability to effectively access goods, services, employment and an adequate standard of living. To this end, the Disability Discrimination Act 1992 (Cth) (DDA) makes it unlawful to discriminate on the basis of disability in areas including employment, education, the provision of goods and services (including health), access to premises and accommodation.79 The right to life does manifest to some degree in criminal law, through the prohibition on intentional or reckless killing. Each State and Territory has its own legislation80 making any unlawful killing a criminal act. Theoretically, the law applies to all persons and victims equally.

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